Whereas the public bodies that administer the legislative,
policy-making, quasi-judicial, administrative, and advisory functions of North
Carolina and its political subdivisions exist solely to conduct the people's
business, it is the public policy of North Carolina that the hearings,
deliberations, and actions of these bodies be conducted openly. (1979, c. 655, s. 1.)

§ 143-318.10. All official meetings of public bodies open to
the public.

(a) Except as provided in G.S. 143-318.11, 143-318.14A,
and 143-318.18, each official meeting of a public body shall be open to the
public, and any person is entitled to attend such a meeting.

(b) As used in this Article, "public body"
means any elected or appointed authority, board, commission, committee,
council, or other body of the State, or of one or more counties, cities, school
administrative units, constituent institutions of The University of North
Carolina, or other political subdivisions or public corporations in the State
that (i) is composed of two or more members and (ii) exercises or is authorized
to exercise a legislative, policy-making, quasi-judicial, administrative, or
advisory function. In addition, "public body" means the governing
board of a "public hospital" as defined in G.S. 159-39 and the
governing board of any nonprofit corporation to which a hospital facility has
been sold or conveyed pursuant to G.S. 131E-8, any subsidiary of such nonprofit
corporation, and any nonprofit corporation owning the corporation to which the
hospital facility has been sold or conveyed.

(c) "Public body" does not include (i) a
meeting solely among the professional staff of a public body, or (ii) the
medical staff of a public hospital or the medical staff of a hospital that has
been sold or conveyed pursuant to G.S. 131E-8.

(d) "Official meeting" means a meeting,
assembly, or gathering together at any time or place or the simultaneous
communication by conference telephone or other electronic means of a majority
of the members of a public body for the purpose of conducting hearings,
participating in deliberations, or voting upon or otherwise transacting the
public business within the jurisdiction, real or apparent, of the public body.
However, a social meeting or other informal assembly or gathering together of
the members of a public body does not constitute an official meeting unless
called or held to evade the spirit and purposes of this Article.

(e) Every public body shall keep full and accurate
minutes of all official meetings, including any closed sessions held pursuant
to G.S. 143-318.11. Such minutes may be in written form or, at the option of
the public body, may be in the form of sound or video and sound recordings.
When a public body meets in closed session, it shall keep a general account of
the closed session so that a person not in attendance would have a reasonable
understanding of what transpired. Such accounts may be a written narrative, or
video or audio recordings. Such minutes and accounts shall be public records
within the meaning of the Public Records Law, G.S. 132-1 et seq.; provided,
however, that minutes or an account of a closed session conducted in compliance
with G.S. 143-318.11 may be withheld from public inspection so long as public inspection
would frustrate the purpose of a closed session. (1979,
c. 655, s. 1; 1985 (Reg. Sess., 1986), c. 932, s. 4; 1991, c. 694, ss. 1, 2;
1993 (Reg. Sess., 1994), c. 570, s. 1; 1995, c. 509, s. 135.2(p); 1997-290, s.
1; 1997-456, s. 27; 2011-326, s. 8.)

§ 143-318.11. Closed sessions.

(a) Permitted Purposes. - It is the policy of this
State that closed sessions shall be held only when required to permit a public
body to act in the public interest as permitted in this section. A public body
may hold a closed session and exclude the public only when a closed session is
required:

(1) To prevent the disclosure of information that is
privileged or confidential pursuant to the law of this State or of the United
States, or not considered a public record within the meaning of Chapter 132 of
the General Statutes.

(2) To prevent the premature disclosure of an honorary
degree, scholarship, prize, or similar award.

(3) To consult with an attorney employed or retained by
the public body in order to preserve the attorney-client privilege between the
attorney and the public body, which privilege is hereby acknowledged. General
policy matters may not be discussed in a closed session and nothing herein
shall be construed to permit a public body to close a meeting that otherwise
would be open merely because an attorney employed or retained by the public
body is a participant. The public body may consider and give instructions to an
attorney concerning the handling or settlement of a claim, judicial action,
mediation, arbitration, or administrative procedure. If the public body has
approved or considered a settlement, other than a malpractice settlement by or
on behalf of a hospital, in closed session, the terms of that settlement shall
be reported to the public body and entered into its minutes as soon as possible
within a reasonable time after the settlement is concluded.

(4) To discuss matters relating to the location or
expansion of industries or other businesses in the area served by the public
body, including agreement on a tentative list of economic development
incentives that may be offered by the public body in negotiations, or to
discuss matters relating to military installation closure or realignment. Any
action approving the signing of an economic development contract or commitment,
or the action authorizing the payment of economic development expenditures,
shall be taken in an open session.

(5) To establish, or to instruct the public body's
staff or negotiating agents concerning the position to be taken by or on behalf
of the public body in negotiating (i) the price and other material terms of a
contract or proposed contract for the acquisition of real property by purchase,
option, exchange, or lease; or (ii) the amount of compensation and other
material terms of an employment contract or proposed employment contract.

(6) To consider the qualifications, competence,
performance, character, fitness, conditions of appointment, or conditions of
initial employment of an individual public officer or employee or prospective
public officer or employee; or to hear or investigate a complaint, charge, or
grievance by or against an individual public officer or employee. General
personnel policy issues may not be considered in a closed session. A public
body may not consider the qualifications, competence, performance, character,
fitness, appointment, or removal of a member of the public body or another body
and may not consider or fill a vacancy among its own membership except in an
open meeting. Final action making an appointment or discharge or removal by a
public body having final authority for the appointment or discharge or removal
shall be taken in an open meeting.

(8) To formulate plans by a local board of education
relating to emergency response to incidents of school violence or to formulate
and adopt the school safety components of school improvement plans by a local
board of education or a school improvement team.

(9) To discuss and take action regarding plans to
protect public safety as it relates to existing or potential terrorist activity
and to receive briefings by staff members, legal counsel, or law enforcement or
emergency service officials concerning actions taken or to be taken to respond
to such activity.

(b) Repealed by Session Laws 1991, c. 694, s. 4.

(c) Calling a Closed Session. - A public body may hold
a closed session only upon a motion duly made and adopted at an open meeting.
Every motion to close a meeting shall cite one or more of the permissible
purposes listed in subsection (a) of this section. A motion based on
subdivision (a)(1) of this section shall also state the name or citation of the
law that renders the information to be discussed privileged or confidential. A
motion based on subdivision (a)(3) of this section shall identify the parties
in each existing lawsuit concerning which the public body expects to receive
advice during the closed session.

(a) If a public body has established, by ordinance,
resolution, or otherwise, a schedule of regular meetings, it shall cause a
current copy of that schedule, showing the time and place of regular meetings,
to be kept on file as follows:

(1) For public bodies that are part of State
government, with the Secretary of State;

(2) For the governing board and each other public body
that is part of a county government, with the clerk to the board of county
commissioners;

(3) For the governing board and each other public body
that is part of a city government, with the city clerk;

(4) For each other public body, with its clerk or
secretary, or, if the public body does not have a clerk or secretary, with the
clerk to the board of county commissioners in the county in which the public
body normally holds its meetings.

If a public body changes its schedule of regular meetings, it
shall cause the revised schedule to be filed as provided in subdivisions (1)
through (4) of this subsection at least seven calendar days before the day of
the first meeting held pursuant to the revised schedule.

(b) If a public body holds an official meeting at any
time or place other than a time or place shown on the schedule filed pursuant
to subsection (a) of this section, it shall give public notice of the time and
place of that meeting as provided in this subsection.

(1) If a public body recesses a regular, special, or
emergency meeting held pursuant to public notice given in compliance with this
subsection, and the time and place at which the meeting is to be continued is
announced in open session, no further notice shall be required.

(2) For any other meeting, except an emergency meeting,
the public body shall cause written notice of the meeting stating its purpose
(i) to be posted on the principal bulletin board of the public body or, if the
public body has no such bulletin board, at the door of its usual meeting room,
and (ii) to be mailed, e-mailed, or delivered to each newspaper, wire service,
radio station, and television station that has filed a written request for
notice with the clerk or secretary of the public body or with some other person
designated by the public body. The public body shall also cause notice to be
mailed, e-mailed, or delivered to any person, in addition to the representatives
of the media listed above, who has filed a written request with the clerk,
secretary, or other person designated by the public body. This notice shall be
posted and mailed, e-mailed, or delivered at least 48 hours before the time of
the meeting. The notice required to be posted on the principal bulletin board
or at the door of its usual meeting room shall be posted on the door of the
building or on the building in an area accessible to the public if the building
containing the principal bulletin board or usual meeting room is closed to the
public continuously for 48 hours before the time of the meeting. The public
body may require each newspaper, wire service, radio station, and television
station submitting a written request for notice to renew the request annually.
The public body shall charge a fee to persons other than the media, who request
notice, of ten dollars ($10.00) per calendar year, and may require them to
renew their requests quarterly. No fee shall be charged for notices sent by e-mail.

(3) For an emergency meeting, the public body shall
cause notice of the meeting to be given to each local newspaper, local wire
service, local radio station, and local television station that has filed a
written request, which includes the newspaper's, wire service's, or station's
telephone number, for emergency notice with the clerk or secretary of the
public body or with some other person designated by the public body. This
notice shall be given either by e-mail, by telephone, or by the same method used
to notify the members of the public body and shall be given immediately after
notice has been given to those members. This notice shall be given at the
expense of the party notified. Only business connected with the emergency may
be considered at a meeting to which notice is given pursuant to this paragraph.

(c) Repealed by Session Laws 1991, c. 694, s. 6.

(d) If a public body has a Web site and has established
a schedule of regular meetings, the public body shall post the schedule of
regular meetings to the Web site.

(e) If a public body has a Web site that one or more
of its employees maintains, the public body shall post notice of any meeting
held under subdivisions (b)(1) and (b)(2) of this section prior to the
scheduled time of that meeting.

(f) For purposes of this section, an "emergency
meeting" is one called because of generally unexpected circumstances that
require immediate consideration by the public body. (1979,
c. 655, s. 1; 1991, c. 694, ss. 5, 6; 2009-350, s. 1.)

(a) Electronic Meetings. - If a public body holds an
official meeting by use of conference telephone or other electronic means, it
shall provide a location and means whereby members of the public may listen to
the meeting and the notice of the meeting required by this Article shall
specify that location. A fee of up to twenty-five dollars ($25.00) may be
charged each such listener to defray in part the cost of providing the
necessary location and equipment.

(b) Written Ballots. - Except as provided in this
subsection or by joint resolution of the General Assembly, a public body may
not vote by secret or written ballot. If a public body decides to vote by
written ballot, each member of the body so voting shall sign his or her ballot;
and the minutes of the public body shall show the vote of each member voting.
The ballots shall be available for public inspection in the office of the clerk
or secretary to the public body immediately following the meeting at which the
vote took place and until the minutes of that meeting are approved, at which
time the ballots may be destroyed.

(c) Acting by Reference. - The members of a public
body shall not deliberate, vote, or otherwise take action upon any matter by
reference to a letter, number or other designation, or other secret device or
method, with the intention of making it impossible for persons attending a
meeting of the public body to understand what is being deliberated, voted, or
acted upon. However, this subsection does not prohibit a public body from
deliberating, voting, or otherwise taking action by reference to an agenda, if
copies of the agenda, sufficiently worded to enable the public to understand
what is being deliberated, voted, or acted upon, are available for public
inspection at the meeting. (1979, c. 655, s. 1.)

§ 143-318.14. Broadcasting or recording meetings.

(a) Except as herein below provided, any radio or
television station is entitled to broadcast all or any part of a meeting
required to be open. Any person may photograph, film, tape-record, or otherwise
reproduce any part of a meeting required to be open.

(b) A public body may regulate the placement and use
of equipment necessary for broadcasting, photographing, filming, or recording a
meeting, so as to prevent undue interference with the meeting. However, the
public body must allow such equipment to be placed within the meeting room in
such a way as to permit its intended use, and the ordinary use of such
equipment shall not be declared to constitute undue interference; provided,
however, that if the public body, in good faith, should determine that the size
of the meeting room is such that all the members of the public body, members of
the public present, and the equipment and personnel necessary for broadcasting,
photographing, filming, and tape-recording the meeting cannot be accommodated
in the meeting room without unduly interfering with the meeting and an adequate
alternative meeting room is not readily available, then the public body, acting
in good faith and consistent with the purposes of this Article, may require the
pooling of such equipment and the personnel operating it; and provided further,
if the news media, in order to facilitate news coverage, request an alternate
site for the meeting, and the public body grants the request, then the news
media making such request shall pay any costs incurred by the public body in
securing an alternate meeting site. (1979, c. 655, s.
1.)

(a) Except as provided in subsection (e) below, all
official meetings of commissions, committees, and standing subcommittees of the
General Assembly (including, without limitation, joint committees and study
committees), shall be held in open session. For the purpose of this section,
the following also shall be considered to be "commissions, committees, and
standing subcommittees of the General Assembly":

(1) The Legislative Research Commission;

(2) The Legislative Services Commission;

(3) Repealed by Session Laws 2006-203, s. 93, effective
July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each
subsequent biennium thereafter.

(b) Reasonable public notice of all meetings of
commissions, committees, and standing subcommittees of the General Assembly
shall be given. For purposes of this subsection, "reasonable public
notice" includes, but is not limited to:

(1) Notice given openly at a session of the Senate or
of the House; or

(2) Notice mailed or sent by electronic mail to those
who have requested notice, and to the Legislative Services Office, which shall
post the notice on the General Assembly web site.

G.S. 143-318.12 shall not apply to meetings of commissions,
committees, and standing subcommittees of the General Assembly.

(c) A commission, committee, or standing subcommittee
of the General Assembly may take final action only in an open meeting.

(d) A violation of this section by members of the
General Assembly shall be punishable as prescribed by the rules of the House or
the Senate.

§ 143-318.15: Repealed by
Session Laws 2006-203, s. 94, effective July 1, 2007, and applicable to the
budget for the 2007-2009 biennium and each subsequent biennium thereafter.

§ 143-318.16. Injunctive relief against violations of
Article.

(a) The General Court of Justice has jurisdiction to
enter mandatory or prohibitory injunctions to enjoin (i) threatened violations
of this Article, (ii) the recurrence of past violations of this Article, or
(iii) continuing violations of this Article. Any person may bring an action in
the appropriate division of the General Court of Justice seeking such an
injunction; and the plaintiff need not allege or prove special damage different
from that suffered by the public at large. It is not a defense to such an
action that there is an adequate remedy at law.

(b) Any injunction entered pursuant to this section
shall describe the acts enjoined with reference to the violations of this
Article that have been proved in the action.

(a) Any person may institute a suit in the superior
court requesting the entry of a judgment declaring that any action of a public
body was taken, considered, discussed, or deliberated in violation of this
Article. Upon such a finding, the court may declare any such action null and
void. Any person may seek such a declaratory judgment, and the plaintiff need
not allege or prove special damage different from that suffered by the public
at large. The public body whose action the suit seeks to set aside shall be
made a party. The court may order other persons be made parties if they have or
claim any right, title, or interest that would be directly affected by a
declaratory judgment voiding the action that the suit seeks to set aside.

(b) A suit seeking declaratory relief under this
section must be commenced within 45 days following the initial disclosure of
the action that the suit seeks to have declared null and void; provided,
however, that any suit for declaratory judgment brought pursuant to this
section that seeks to set aside a bond order or bond referendum shall be
commenced within the limitation periods prescribed by G.S. 159-59 and G.S. 159-62.
If the challenged action is recorded in the minutes of the public body, its
initial disclosure shall be deemed to have occurred on the date the minutes are
first available for public inspection. If the challenged action is not recorded
in the minutes of the public body, the date of its initial disclosure shall be
determined by the court based on a finding as to when the plaintiff knew or
should have known that the challenged action had been taken.

(c) In making the determination whether to declare the
challenged action null and void, the court shall consider the following and any
other relevant factors:

(1) The extent to which the violation affected the
substance of the challenged action;

(2) The extent to which the violation thwarted or
impaired access to meetings or proceedings that the public had a right to
attend;

(3) The extent to which the violation prevented or
impaired public knowledge or understanding of the people's business;

(4) Whether the violation was an isolated occurrence,
or was a part of a continuing pattern of violations of this Article by the
public body;

(5) The extent to which persons relied upon the
validity of the challenged action, and the effect on such persons of declaring
the challenged action void;

(6) Whether the violation was committed in bad faith
for the purpose of evading or subverting the public policy embodied in this
Article.

(d) A declaratory judgment pursuant to this section may
be entered as an alternative to, or in combination with, an injunction entered
pursuant to G.S. 143-318.16.

(e) The validity of any enacted law or joint
resolution or passed simple resolution of either house of the General Assembly
is not affected by this Article. (1985 (Reg. Sess.,
1986), c. 932, s. 1; 1991, c. 694, s. 8.)

§ 143-318.16B. Assessments and awards of attorneys' fees.

When an action is brought pursuant to G.S. 143-318.16 or G.S.
143-318.16A, the court may make written findings specifying the prevailing
party or parties, and may award the prevailing party or parties a reasonable
attorney's fee, to be taxed against the losing party or parties as part of the
costs. The court may order that all or any portion of any fee as assessed be
paid personally by any individual member or members of the public body found by
the court to have knowingly or intentionally committed the violation; provided,
that no order against any individual member shall issue in any case where the
public body or that individual member seeks the advice of an attorney, and such
advice is followed. (1985 (Reg. Sess., 1986), c. 932,
s. 2; 1993 (Reg. Sess., 1994), c. 570, s. 3.)

§ 143-318.16C. Accelerated hearing; priority.

Actions brought pursuant to G.S. 143-318.16 or G.S. 143-318.16A
shall be set down for immediate hearing, and subsequent proceedings in such
actions shall be accorded priority by the trial and appellate courts. (1993 (Reg. Sess., 1994), c. 570, s. 4.)

§ 143-318.16D. Local acts.

Any reference in any city charter or local act to an
"executive session" is amended to read "closed session". (1993 (Reg. Sess., 1994), c. 570, s. 4.)

§ 143-318.17. Disruptions of official meetings.

A person who willfully interrupts, disturbs, or disrupts an
official meeting and who, upon being directed to leave the meeting by the
presiding officer, willfully refuses to leave the meeting is guilty of a Class
2 misdemeanor. (1979, c. 655, s. 1; 1993, c. 539, s.
1028; 1994, Ex. Sess., c. 24, s. 14(c).)

§ 143-318.18. Exceptions.

This Article does not apply to:

(1) Grand and petit juries.

(2) Any public body that is specifically authorized or
directed by law to meet in executive or confidential session, to the extent of
the authorization or direction.

(3) The Judicial Standards Commission.

(3a) The North Carolina Innocence Inquiry Commission.

(4) Repealed by Session Laws 1991, c. 694, s. 9.

(4a) The Legislative Ethics Committee.

(4b) A conference committee of the General Assembly.

(4c) A caucus by members of the General Assembly;
however, no member of the General Assembly shall participate in a caucus which
is called for the purpose of evading or subverting this Article.

(5) Law enforcement agencies.

(6) A public body authorized to investigate, examine,
or determine the character and other qualifications of applicants for
professional or occupational licenses or certificates or to take disciplinary
actions against persons holding such licenses or certificates, (i) while
preparing, approving, administering, or grading examinations or (ii) while
meeting with respect to an individual applicant for or holder of such a license
or certificate. This exception does not amend, repeal, or supersede any other
statute that requires a public hearing or other practice and procedure in a
proceeding before such a public body.

(7) Any public body subject to the State Budget Act,
Chapter 143C of the General Statutes and exercising quasi-judicial functions,
during a meeting or session held solely for the purpose of making a decision in
an adjudicatory action or proceeding.

(8) The boards of trustees of endowment funds
authorized by G.S. 116-36 or G.S. 116-238.